Terms of service
Version: V6
Effective date: from publication of this version for new orders
1. Identity and contact
FruCare BV
Jozef Van Esschestraat 38, 2860 Sint-Katelijne-Waver, Belgium
VAT: BE1031805034
Email: office@frucare.shop
Tel: +32 15 45 14 00
Website: www.frucare.shop
2. Scope and acceptance
These terms and conditions apply to all quotations, orders, deliveries, services and invoices from FruCare, whether the order is placed through the webshop, by email, by telephone or via WhatsApp, unless otherwise agreed in writing.
The terms are available on the website and, before placing an order through the webshop, through the link at checkout.
By placing, confirming and/or paying for an order, the customer acknowledges that they have had the opportunity to review these terms and conditions before the purchase and accepts them.
Deviations or special arrangements are only valid if confirmed in writing by FruCare. Mandatory consumer rights always continue to apply.
3. Product information
FruCare describes and photographs products and packaging as accurately as possible. Minor differences in colour, shape, weight or appearance may occur because the products are partly natural. Packaging may change without affecting the agreed essential characteristics, quantity, quality or legally required product information.
4. Orders
An order becomes final after confirmation by FruCare (webshop confirmation, email or message).
Before accepting it, FruCare may refuse an order in the event of an obvious pricing error, substantiated indications of fraud or unavailability. Once the contract has been formed, statutory rules apply in the event of an error, inability to deliver or force majeure. Any amount already paid is refunded when the order is lawfully cancelled; statutory rights to another remedy remain unaffected.
5. Prices, VAT and costs
Prices are shown in euros or, where applicable, in the currency selected by the customer. For consumers, displayed prices include VAT and other applicable taxes. Quotations or price lists intended exclusively for professionals may show prices excluding VAT, provided this is clearly stated.
Any delivery costs or other costs are stated separately at checkout or on the quotation or invoice.
VAT is applied in accordance with the rules in force at the time of invoicing, taking into account the delivery country and customer type. For an intra-Community supply to a professional customer with a valid VAT number, 0 percent VAT may be applied in accordance with the applicable rules.
6. Invoicing, disputes and payment terms
Invoices are payable using the payment details stated on the invoice.
Disputing invoices
We ask that any invoice dispute be reported in writing with reasons within 14 calendar days of the invoice date. This deadline applies to professional customers subject to mandatory law. For consumers, this is a practical request that does not restrict their statutory rights or ability to dispute an invoice.
The deadline for disputing invoices is separate from notifications about damage, missing goods or incorrect goods on delivery; see article 8.
Payment terms
B2C (consumers)
Payment is generally due immediately through the payment methods offered. Exceptions are only possible in exceptional circumstances and with written agreement.
B2B (professionals)
Unless expressly agreed otherwise, payment is due immediately, including through the webshop. Where expressly agreed, the payment term stated on the invoice applies, normally 15 days and no more than 30 days.
7. Late payment
B2C (consumers), only where payment by invoice has exceptionally been allowed
The first payment reminder is free of charge and provided in writing.
After this reminder is sent, a waiting period of 14 calendar days applies, during which no compensation or late payment interest is charged. This period begins in accordance with the applicable rules, in practice:
- for electronic reminders, on the day after sending
- for postal reminders, on the third working day after sending
If payment remains outstanding after this period, we may, to the extent permitted by law and provided for, charge:
1, Fixed compensation under Book XIX of the Belgian Code of Economic Law (art. XIX.4), subject to the following limits
- 20 euros for an outstanding amount ≤ 150 euros
- 30 euros + 10% on the portion from 150.01 euros to 500 euros
- 65 euros + 5% on the portion above 500 euros, up to a maximum of 2,000 euros
2, Late payment interest within the legal framework
The interest rate does not exceed the reference interest rate + 8 percentage points as referred to in art. 5 of the Law of 02/08/2002. The statutory rate applicable at that time is applied to the outstanding balance.
B2B (professionals)
If payment is not made by the due date, the following are due by operation of law: statutory late payment interest under the law combating late payment in commercial transactions (Law of 02/08/2002), plus a fixed recovery fee of 40 euros per invoice and any additional reasonable recovery costs where applicable.
If one invoice remains unpaid, all outstanding amounts may be declared immediately due and payable.
8. Delivery, force majeure and notification periods
Estimated delivery times are set out in our shipping policy and, where applicable, at checkout or in the quotation. Expressly agreed deadlines and statutory rights in the event of a delay continue to apply. Force majeure is assessed in accordance with the applicable law.
For consumers, the risk of loss or damage generally only passes when the consumer or a designated third party other than the carrier physically receives the goods. The statutory exception applies if the consumer independently engages a carrier that was not offered by FruCare.
Please report visible damage, missing goods or incorrect goods preferably within 48 hours of receipt, with a clear description and photos if possible. For consumers, this is not a deadline that removes their rights. Report defects discovered later as soon as possible; the statutory notification period for consumers is at least two months after discovery.
9. Returns caused by the customer
If a shipment is returned because of the customer’s actions or omissions (for example an incorrect or incomplete address, failure to collect, refusal or unavailability), FruCare initially handles the return.
FruCare may recover the actual resulting costs from the customer where these are reasonably attributable to the customer, including return transport, reshipment and any replacement or diminished value of products damaged in transit. Reshipment may be conditional on payment of lawfully due costs. This provision does not affect the statutory right of withdrawal, the statutory allocation of risk or other mandatory consumer rights.
Refusing or failing to collect a shipment does not automatically constitute withdrawal; withdrawal must be explicitly communicated.
10. Right of withdrawal, returns and non-conformity
B2C right of withdrawal for distance purchases
The consumer may withdraw from the purchase without giving a reason within 14 calendar days after the day of receipt by the consumer or a designated third party other than the carrier. For a single order with goods delivered separately, this period starts after receipt of the last item. The consumer clearly communicates withdrawal within this period, for example to office@frucare.shop, and then dispatches the goods no later than 14 calendar days after that notification.
The consumer bears the direct return costs, unless otherwise agreed or unless the consumer was not correctly informed of those costs beforehand. Prior permission is not a condition of the statutory right of withdrawal.
If the consumer withdraws from the entire order, FruCare refunds all payments received, including the least expensive standard delivery offered and excluding additional costs for a more expensive delivery method selected by the consumer. This takes place without undue delay, no later than 14 calendar days after the withdrawal notification. FruCare may withhold the refund until receipt of the goods or evidence of their return, whichever happens first, unless FruCare has offered to collect the goods. The original payment method is used unless another method at no cost to the consumer has been expressly agreed.
The consumer is only liable for diminished value caused by handling beyond what is necessary to establish the nature, characteristics and functioning of the goods, provided that the consumer was correctly informed of the right of withdrawal beforehand. Original unopened packaging is not a general condition of return.
Statutory exceptions
The right of withdrawal does not apply to goods liable to deteriorate or expire rapidly where the statutory exception applies, to sealed goods unsuitable for return for health protection or hygiene reasons whose seal has been broken after delivery, or to goods made to the customer’s specifications or clearly personalised. Not all food products are automatically excluded. Rights in the event of non-conformity continue to apply.
B2B returns
B2B returns are only possible if expressly agreed or in the event of a non-conforming delivery.
Quality issues and errors
Report an error, damage or quality issue to office@frucare.shop, if possible with photos, a batch number and an explanation. FruCare provides a remedy in accordance with the applicable law. In cases of non-conformity, FruCare bears the necessary return costs and arranges the return where needed.
The return and refund policy contains the return address, practical instructions and model withdrawal form.
11. Statutory conformity guarantee for consumers
Consumer goods are covered by the statutory conformity guarantee of 2 years, in accordance with mandatory consumer law. For food products, the nature of the product, stated shelf life and storage instructions are taken into account when assessing conformity. The statutory guarantee is not a promise that a food product will remain fit for consumption for two years.
The consumer is first entitled to repair or replacement free of charge, where possible and reasonable. In the cases specified by law, the consumer is entitled to a price reduction or termination of the contract and a refund.
12. Liability
FruCare is not liable for indirect damage (such as loss of profit or consequential damage), except in cases of intent or gross negligence.
To the extent permitted by law, liability is limited to the amount of the order or invoice concerned. These limitations do not apply where mandatory law prohibits them, including in cases of intent or gross negligence, bodily injury, statutory product liability or a prohibited restriction of consumer rights. They do not deprive FruCare’s essential obligations of their substance.
13. Retention of title
Delivered goods remain the property of FruCare until all amounts due have been paid in full.
14. Privacy
Personal data is processed in accordance with FruCare’s privacy and cookie policy.
15. Applicable law and competent courts
Belgian law applies. For consumers, this choice of law does not remove the protection of mandatory provisions that would apply without that choice, including those of their habitual residence where legally applicable.
For B2B disputes, subject to mandatory rules on jurisdiction, the competent courts of the judicial district of Antwerp, Mechelen division are designated.
For B2C, jurisdiction is determined by the applicable mandatory consumer law.
16. Contact and changes
FruCare may amend these terms. The latest version applies to new orders and is available on the website.
Contact: office@frucare.shop, +32 15 45 14 00